Page:Federal Reporter, 1st Series, Volume 5.djvu/823

 TCOÏŒB ». COBBIN. 811 �the varnish. The conclusions of Judge Lowell, as to the arti- cles which he speciflcally mentions, apply ■vrith eqnal force to the "brassed" articles,, which he does not garticularly specify. �Indeed, the plaintiS admitted that upon the affidavits no ôther course could be taken than to deny the motion, but he insisted earnestly that there must be a mistake in the state- ments contained in the affidavits, which mistake could be detected by an expert, who should be direOted to make per- sonal inspection at the defendants' factory. �I do not now think that there is such a, mistake, and, not suspecting one, it would be a very unasual course to refer the question for further investigation. It.may he that some-» times there is more heat in the oven than at other times, and that inadvertently an oxydizing resuit has been reached ; but the exhibit of vamished and unoxydized huits, which were put into an oven with each batch of vamished oxydized butta, seems to me to be as nearly, conclusive on the question of heat, to which the articles were su^bjected, as any test well oan be; The butts which were dried upon the radiator in my chambers have the same general appearanoe which the oven- dried butts present, �It is manifest that the distance between non-infringement and infringement is. a narrowîpne, and eue which unscru- pulqus people can easily cross; but this exposedness of the patentee to fraud resulta from the fa,ct that the patent, while it is of importance and of benefit|to the public, isnotof broad scope. To Mr. Justice Clifford's construction of the patent ueither party made objection upon. tire trial of this motion. �The motion is denied. ����